S T A T E O F N E W Y O R K
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5947
2021-2022 Regular Sessions
I N A S S E M B L Y
March 2, 2021
___________
Introduced by M. of A. LALOR -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the public officers law, in relation to requiring the
head official of any state law enforcement department to enforce a
special schedule on Memorial day and Veterans' day that allows law
enforcement officers, who are veterans entitled to paid leave, to take
such leave
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 63 of the public officers law, as amended by chap-
ter 490 of the laws of 2019, is amended to read as follows:
§ 63. Leave of absence for veterans on Memorial day and Veterans' day.
It shall be the duty of the head of every public department and of every
court of the state of New York, of every superintendent or foreman on
the public works of said state, of the county officers of the several
counties of said state, of the town officers of the various towns in
this state, of the fire district officers of the various fire districts
in this state, and of the head of every department, bureau and office in
the government of the various cities and villages in this state, and the
officers of any public benefit corporation or any public authority of
this state, or of any public benefit corporation or public authority of
any county or subdivision of this state, to give leave of absence with
pay for twenty-four hours on the day prescribed by law as a public holi-
day for the observance of Memorial day and on the eleventh day of Novem-
ber, known as Veterans' day, to every person in the service of the
state, the county, the town, the fire district, the city or village, the
public benefit corporation or public authority of this state, or any
public benefit corporation or public authority of any county or subdivi-
sion of this state, as the case may be, (i) who served on active duty in
the armed forces of the United States during world war I or world war
II, or who was employed by the War Shipping Administration or Office of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07412-01-1
A. 5947 2
Defense Transportation or their agents as a merchant seaman documented
by the United States Coast Guard or Department of Commerce, or as a
civil servant employed by the United States Army Transport Service
(later redesignated as the United States Army Transportation Corps,
Water Division) or the Naval Transportation Service; and who served
satisfactorily as a crew member during the period of armed conflict,
December seventh, nineteen hundred forty-one, to August fifteenth, nine-
teen hundred forty-five, aboard merchant vessels in oceangoing, i.e.,
foreign, intercoastal, or coastwise service as such terms are defined
under federal law (46 USCA 10301 & 10501) and further to include "near
foreign" voyages between the United States and Canada, Mexico, or the
West Indies via ocean routes, or public vessels in oceangoing service or
foreign waters and who has received a Certificate of Release or
Discharge from Active Duty and a discharge certificate, or an Honorable
Service Certificate/Report of Casualty, from the Department of Defense,
or who served as a United States civilian employed by the American Field
Service and served overseas under United States Armies and United States
Army Groups in world war II during the period of armed conflict, Decem-
ber seventh, nineteen hundred forty-one through May eighth, nineteen
hundred forty-five, and who (a) was discharged or released therefrom
under honorable conditions, or (b) has a qualifying condition, as
defined in section three hundred fifty of the executive law, and has
received a discharge other than bad conduct or dishonorable from such
service, or (c) is a discharged LGBT veteran, as defined in section
three hundred fifty of the executive law, and has received a discharge
other than bad conduct or dishonorable from such service or who served
as a United States civilian Flight Crew and Aviation Ground Support
Employee of Pan American World Airways or one of its subsidiaries or its
affiliates and served overseas as a result of Pan American's contract
with Air Transport Command or Naval Air Transport Service during the
period of armed conflict, December fourteenth, nineteen hundred forty-
one through August fourteenth, nineteen hundred forty-five, and who (d)
was discharged or released therefrom under honorable conditions, or (e)
has a qualifying condition, as defined in section three hundred fifty of
the executive law, and has received a discharge other than bad conduct
or dishonorable from such service, or (f) is a discharged LGBT veteran,
as defined in section three hundred fifty of the executive law, and has
received a discharge other than bad conduct or dishonorable from such
service or during the period of the Korean conflict at any time between
the dates of June twenty-seventh, nineteen hundred fifty and January
thirty-first, nineteen hundred fifty-five, or during the period of the
Vietnam conflict from the twenty-eighth day of February, nineteen
hundred sixty-one to the seventh day of May, nineteen hundred seventy-
five, or (ii) who served on active duty in the armed forces of the
United States and who was a recipient of the armed forces expeditionary
medal, navy expeditionary medal or marine corps expeditionary medal for
participation in operations in Lebanon from June first, nineteen hundred
eighty-three to December first, nineteen hundred eighty-seven, in Grena-
da from October twenty-third, nineteen hundred eighty-three to November
twenty-first, nineteen hundred eighty-three, or in Panama from December
twentieth, nineteen hundred eighty-nine to January thirty-first, nine-
teen hundred ninety, or (iii) who served in the armed forces of a
foreign country allied with the United States during world war I or
world war II, or during the period of the Korean conflict at any time
between June twenty-seventh, nineteen hundred fifty and January thirty-
first, nineteen hundred fifty-five, or during the period of the Vietnam
A. 5947 3
conflict from the twenty-eighth day of February, nineteen hundred
sixty-one to the seventh day of May, nineteen hundred seventy-five, or
during the period of the Persian Gulf conflict from the second day of
August, nineteen hundred ninety to the end of such conflict, or who
served on active duty in the army or navy or marine corps or air force
or coast guard of the United States, and who (a) was honorably
discharged or separated from such service under honorable conditions, or
(b) has a qualifying condition, as defined in section three hundred
fifty of the executive law, and has received a discharge other than bad
conduct or dishonorable from such service, or (c) is a discharged LGBT
veteran, as defined in section three hundred fifty of the executive law,
and has received a discharge other than bad conduct or dishonorable from
such service except where such action would endanger the public safety
or the safety or health of persons cared for by the state, in which
event such persons shall be entitled to leave of absence with pay on
another day in lieu thereof. THE HEAD OFFICIAL OF ANY STATE LAW ENFORCE-
MENT DEPARTMENT OR AGENCY SHALL MAKE EVERY PRACTICABLE EFFORT TO
ENSURE THAT ANY MEMBER OF HIS OR HER LAW ENFORCEMENT DEPARTMENT OR AGEN-
CY SHALL BE ALLOWED TO TAKE SUCH PAID LEAVE OF ABSENCE. SUCH OFFICIAL
SHALL PLAN AND ENFORCE A SCHEDULE ON SUCH PUBLIC HOLIDAY WHICH SHALL
UTILIZE THOSE MEMBERS OF HIS OR HER LAW ENFORCEMENT DEPARTMENT OR AGENCY
WHO ARE NOT VETERANS, BEFORE SCHEDULING THOSE MEMBERS ENTITLED TO
SUCH PAID LEAVE FOR SUCH PUBLIC HOLIDAY. All such persons who are
compensated on a per diem, hourly, semi-monthly or monthly basis, with
or without maintenance, shall also be entitled to leave of absence with
pay under the provisions of this section and no deduction in vacation
allowance or budgetary allowable number of working days shall be made in
lieu thereof. A refusal to give such leave of absence to one entitled
thereto shall be neglect of duty.
§ 2. This act shall take effect immediately.